General Liability
-
March 03, 2023
Surveying The Aftermath: 1 Month After An Ohio Train Disaster
During the month that's passed since a Norfolk Southern train derailed in East Palestine, Ohio, and released large amounts of a variety of contaminants, there's been a dizzying flurry of emergency response actions, criticism of those actions, civil lawsuits, threats of criminal charges, questions about health risks, political jockeying and thoughts about the need for stricter regulations. Here, Law360 unpacks the chaos and takes a look ahead at what might be coming next in the East Palestine disaster story.
-
March 03, 2023
Geico Can Appeal Ruling In Pandemic Premiums Suit
An Illinois federal court on Friday granted Geico's request to immediately appeal a recent ruling denying the insurer's bid to permanently dismiss a proposed class action that accused the carrier of profiting off the COVID-19 pandemic by charging excessive car insurance premiums.
-
March 03, 2023
Policy Misrepresentation Row May Affect Texas Underwriting
The Texas Supreme Court is expected to decide soon whether insurers seeking to rescind a policy based on a material misrepresentation must prove the insured's intent to deceive, in a case that could have ripple effects for how policies are underwritten in the state.
-
March 02, 2023
Swiss Re Can't Get Review Of Coverage Order, Court Told
A group of utilities urged a Pennsylvania federal court to reject Swiss Re's request for a review of the court's decision holding that the insurer owes a defense to the utilities in underlying lawsuits concerning the introduction of lead into a Chicago suburb's water supply.
-
March 02, 2023
AIG Unit Asks Out Of Plane Crash Coverage Suit
An AIG unit shouldn't be involved in an insurance dispute over a fatal 2019 plane crash, the carrier told a Louisiana federal court, arguing that a personal liability policy it issued to a real estate developer doesn't apply because the developer used the aircraft only for business.
-
March 02, 2023
Hartford Says Hummus Co.'s Production Woes Not Covered
Hartford Fire Insurance Co. asked a New York federal judge to find that it already fully covered a hummus company's water leak, arguing Thursday that Sabra's lower income is unrelated to the leak and has more to do with a U.S. Food and Drug Administration warning about unsanitary conditions.
-
March 02, 2023
Mich. Justices Zero In On Contract Rights In No-Fault Case
Michigan Supreme Court justices on Thursday didn't tip their hand about how they might rule in a closely watched case that will determine whether changes to the state's no-fault insurance law are retroactive, trying to get clarity on whether the amendment violated the state constitution's contracts clause.
-
March 02, 2023
Judges' Panel Says Brevity Best For Successful Briefs, Trials
A panel of federal judges said Thursday during a discussion at a conference put on for insurance practitioners by the American Bar Association that the best way for attorneys to be successful and persuasive is by keeping arguments in briefing and during trials "simple and focused."
-
March 02, 2023
2nd Circ. Says Insurer Needn't Defend Napolis In Sex Bias Suit
Well-known 9/11 lawyer Paul Napoli's insurance doesn't have to defend him and his wife in a sex bias suit their former counsel brought against them because her allegations are considered business activities and aren't covered by the couple's policy, the Second Circuit ruled on Thursday.
-
March 02, 2023
Holding Co. Seeks Payment Stay In Suit Pending Appeal
A holding company asked a Florida federal court to pause execution of a judgment in a misrepresentation lawsuit allowing a Lloyd's unit to rescind a policy and collect reimbursement for defense costs, saying the judgment should be halted while the Eleventh Circuit determines whether it has jurisdiction over the company's appeal.
-
March 02, 2023
NJ Panel Says Metal Co.'s Policy Bars Cleanup Suit Coverage
An insurer doesn't owe coverage to a metal etching company accused by New Jersey environmental regulators of damaging natural resources, a state appeals court ruled Thursday, saying the policy's prior or pending litigation exclusion bars the company's claim.
-
March 01, 2023
Nashville Apartment Owner Seeks $4M In Tornado Coverage
The owner of a Nashville, Tennessee-area apartment complex asked a federal judge to find that State Auto Property and Casualty Insurance Co. owes it more than $4 million for losses from a 2020 tornado.
-
March 01, 2023
Pollution Policy Must Cover More of Settlement, Insurer Says
Arch Insurance Co. pulled another insurer into its California federal court mold settlement contribution dispute with Hartford Underwriters Insurance Co., arguing Admiral Insurance Co.'s pollution-specific policy should be prioritized over the others in a potential reallocation.
-
March 01, 2023
Ohio Derailment Expected To Pull In Insurers On Many Fronts
With Ohio courts already seeing dozens of chemical exposure suits from residents over the Feb. 3 derailment of a Norfolk Southern Railway train containing toxic materials, experts predict that myriad insurance policies will come into play in response to a variety of potential legal actions.
-
March 01, 2023
Calif. Panel Seals Insurer's Win In Home Defect Coverage Row
An insurer had no defense obligations to a general contractor sued over various construction defects at a man's home, a California state appeals court affirmed, agreeing with a lower trial court that there wasn't sufficient evidence the general contractor did any construction work beyond supervising its subcontractors.
-
March 01, 2023
Goldberg Segalla Adds Ex-Groelle & Salmon Insurance Atty
Goldberg Segalla LLP added an insurance attorney specializing in insurance coverage litigation to the firm's Orlando office.
-
February 28, 2023
Nationwide Affiliates Seek To Skirt Class Action Coverage
Two Nationwide Mutual Insurance Co. affiliates sued an Ohio maker of finishing products in federal court to persuade a judge that they do not have to indemnify the company in a proposed class action it faces over allegations of selling defective products.
-
February 28, 2023
7th Circ. Nixes Marker Co.'s Claims Against Insurer's Lawyers
A Seventh Circuit panel has shot down an Illinois marker company's attempt to go after its insurer's attorneys, the latest in a long-running legal fight that began when the insurer refused to defend the company in a 2012 trademark dispute.
-
February 28, 2023
Insurer Asks Ohio High Court To Reverse Assault Coverage
The Ohio Supreme Court mulled whether an assault and battery exclusion in an adult care center's commercial liability policy applies to a stabbing incident if the perpetrator is deemed not guilty by reason of insanity, with Justice R. Patrick Dewine reminding counsel the state doesn't recognize a diminished capacity defense.
-
February 28, 2023
Meritage Accuses AIG Of Improperly Grouping Stucco Claims
Meritage Homes asked a Texas federal judge to find that AIG should cover much of $9.3 million the homebuilder paid to settle hundreds of stucco construction defect claims, arguing the insurer is improperly grouping claims to keep Meritage under the self-insured retention limit in all but one policy year.
-
February 28, 2023
Mich. Justices Face Daunting Task On No-Fault Amendments
Upcoming arguments before the Michigan Supreme Court on the retroactivity of amendments to the state's no-fault insurance law has some experts anxious about whether the court will release the "lightning in a bottle" needed for their enactment and maintain payouts for those injured in car crashes.
-
February 27, 2023
Cred Can Pick Up 3rd-Party Claims For Calif. Lockton Suit
A Delaware bankruptcy judge filed an opinion Monday explaining his decision that nothing prevents the liquidation trustees of collapsed crypto lender Cred Inc. from acquiring third-party creditor claims to bolster a suit against insurance giant Lockton Companies LLC.
-
February 27, 2023
No Jury Trial For Geico Class Action, Calif. Judge Says
A jury trial won't be held for the sole remaining Unfair Competition Law claim by a class of Geico's California policyholders, a federal judge ruled Monday, agreeing with the insurer that the Seventh Amendment does not extend that right to a claim of this nature.
-
February 27, 2023
Phone Retrieval Isn't 'Operating' Car In NJ Wrongful Death Suit
A New Jersey state appeals court set precedent on Monday when it declined to extend a Garden State statute blocking wrongful death claims for uninsured motorists to a case where a man was killed when his already-crashed car was struck again while he was retrieving his phone from inside.
-
February 27, 2023
Mass. Panel Revives Leather Goods Co.'s Fire Loss Suit
A wholesaler of leather goods can continue to litigate its suit against an insurance agency over the handling of its fire claim even though the wholesaler was already blocked from asserting its claims against the agency in a separate, prior action, a Massachusetts state appeals court ruled Monday.
Expert Analysis
-
What Insureds Should Look For In Excess Policies
A recent California appellate court decision, Truck Insurance Exchange v. Kaiser Cement, demonstrates how courts will protect policyholder expectations against primary insurance carriers' actions that might restrict available excess coverage, and highlights how insureds should be diligent in reviewing excess policies on primary erosion, say Courtney Horrigan and Elizabeth Taylor at Reed Smith.
-
New 'Bad Faith' Claim Law Holds NJ Insurers Accountable
New Jersey’s recently enacted Insurance Fair Conduct Act, giving policyholders a bad faith cause of action for claims involving uninsured and underinsured motorist coverage, is an important step toward countering unfair insurer advantage and expanding consumer protections, say attorneys at K&L Gates.
-
Insurance Implications Of Texas '8 Corners' Rulings
Two recent Texas Supreme Court opinions resolve a long-pending question by reaffirming the so-called eight-corners rule as the primary means for determining an insurer's duty to defend, which should provide greater consistency between future state and federal decisions, says Susan Kidwell at Locke Lord.
-
Why I'll Miss Arguing Before Justice Breyer
Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.
-
Defense Counsel Must Alter Tactics To Fight Outsize Verdicts
If defense counsel continue to use the same strategies they’ve always relied on without recognizing plaintiffs attorneys’ new playbook, so-called nuclear verdicts, such as the recent $730 million jury verdict in a wrongful death case in Texas, will continue to proliferate, says Robert Tyson at Tyson & Mendes.
-
Policyholder Wins Push Boundaries Of Insurer Duty To Defend
A recent string of federal and state appellate court decisions, expanding insurers' broad duty of defense to cover inferences, implications and reasonable interpretations raised by the underlying suit, should encourage policyholders seeking coverage, says Tae Andrews at Miller Friel.
-
Examining Event Cancellation Coverage As COVID Lingers
Recent pandemic-related postponements from the NBA, NFL and Grammys, coupled with COVID-19 being excluded from new event cancellation policies, highlight the need for event organizers to explore cancellation risks and how specialty coverage can serve as a tool for mitigation, say Jorge Aviles and Andrea DeField at Hunton.
-
Using Insurance Coverage To Fund Early Settlement
A recent settlement between health care company Vision Path and the Federal Trade Commission shows that settling early is a prudent consideration to avoid defense costs and preserve the bulk of the insurer budget for a settlement or judgment, say Jason Callen and Beau Creson at K&L Gates.
-
Fla.'s New Appeal Rule Will Cause More Harm Than It Cures
Florida's new procedural rule, permitting interlocutory appeals of orders that allow complaint amendment to add punitive damages, champions an unnecessary and often overly broad solution at the expense of the timely administration of justice, say Hugh Lumpkin and Wesley Butensky at Reed Smith.
-
Federal Courts Are Right Venue For COVID Insurance Cases
Two recent Law360 guest articles positing that state, not federal, courts should be deciding COVID-19 insurance coverage disputes incorrectly assume that these cases contain novel insurance law issues, say attorneys at Dentons.
-
What Pa. Procedure Rule Change Means For 'Snap Removals'
In light of Pennsylvania's recent civil procedure rule amendment significantly decreasing defendants' time to remove cases from state to federal court, Shari Milewski and Donald Kinsley at Maron Marvel offer some practical tips for maintaining snap removal as a viable defense tool.
-
How NJ Bad Faith Auto Insurance Bill Compares To Pa.'s
The recently enacted New Jersey Insurance Fair Conduct Act, is in some ways narrower and in other ways broader than Pennsylvania's notoriously strict bad faith statute and leaves open many fundamental questions, which took Pennsylvania decades of litigation to resolve, say Kristin Jones and Brian Callaway at Troutman Pepper.
-
Del. High Court Gets It Right With Opioid Nuisance Ruling
In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.